IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.09.2021 CORAM THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN C.R.P.(NPD) No. 1919 of 2021 Sadhasiva Reddiyar (deceased)

1. Bragannayaki.F

2. K.Prema

3. P.Pushpa ...Petitioners Vs.

1. K.Chinnaraj

2. C.Ayyanar

3. Pandian

4. C.Ramraj ...Respondents Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India, seeking direction to the learned District Munsif, Pantruti, to take on file the unnumbered Execution Petition SR.No.1739 of

2021 in O.S.No.187 of 2006, returned on 03.12.2020.

For Petitioners : Mr.M.E.V.Thulasi

ORDER

This Civil Revision Petition is filed, seeking direction to the learned District Munsif, Pantruti, to take on file the unnumbered Execution Petition SR.No.1739 of 2021 in O.S.No.187 of 2006, returned on 03.12.2020.

2. The learned counsel for the petitioners submitted that the petitioner's father Mr.Sadhasiva Reddiyar, filed a suit in O.S.No.187 of 2006 for recovery of money, as per the mortgage deed executed by the respondents. In the O.S.No.187 of 2006, preliminary decree was passed on 09.02.2007 and the final decree was passed on 08.06.2009. Thereafter, petitioner's father died on 13.01.2010. The copy of death certificate and legal heir certificate was also produced. Meanwhile, the mortgage property was acquired by the Government for the purpose of extending road from Chennai to Kanyakumari, and the amount sanctioned for the acquired land is now available with the Special District Revenue Officer (Land acquisition). Therefore, the petitioners filed the execution petition in E.P.No. SR.No.1739 of 2021 in O.S.No.187 of 2006 for attaching the amount available with the Garnishee and to pay it to the petitioners. This execution petition is returned by the learned District Munsif, District Munsif Court, Pantruti, stating that as per Section 60 of C.P.C., the property liable to attachment does not include money, only the salary can be attached by following the criteria given under C.P.C,. Therefore, this Civil Revision Petition is preferred.

3. This E.P.No. SR.No.1739 of 2021 is filed under Order 21 Rule

43 and 52 read with Section 151 of C.P.C. Under Order 21 Rule 52 of CPC, if the property to be attached is in the custody of public officer, attachment should be made by a notice to the concerned officer. Under Section 60 of C.P.C., money is also liable to be attached subject to the exemptions given in this Section.

4. Therefore, the return dated 03.12.2020, made by the learned District Munsif, Pantruti, on the ground that under Section 60 of C.P.C, money cannot be attached, is not correct. Therefore, learned District Munsif, Pantruti, is directed to number the E.P.SR.No.739 of 2021 in O.S.No.187 of 2006, take it on file, issue notice to the respondents including the Special District Revenue Officer (Land Acquisition) and dispose the E.P.SR.No.739 of 2021 in O.S.No.187 of 2006 on merits and in accordance with law. Accordingly, this Civil Revision Petition is disposed of. No costs.

ep/Jer 14.09.2021 Index:Yes/No Internet:Yes/No Speaking Order: Yes/No Note: Registry is directed to return the original petition in E.P.SR.No.739 of

2021 to the learned counsel for the petitioners.

G.CHANDRASEKHARAN.J, ep To

1.The District Munsif, Pantruti.

2. The Section Officer, VR Section, High Court of Madras.

C.R.P.(N.P.D) No.1919 of 2021

14.09.2021